Cotswold Geotechnical Holdings becomes the first company to be convicted of corporate manslaughter.
A young geologist working for the company was killed on 5 September 2008 when he was investigating soil conditions in a deep trench. Whilst he was in the trench, it collapsed and killed him.
The Crown Prosecution Service (CPS) told the court that the geologist had been left working alone by the company director who had finished for the day. The geologist was in a 3.5 metre-deep trench to 'finish-up'. Two people who owned the development plot had elected to stay behind at the site as they were aware that the geologist was alone in the trench. 5 minutes later they heard a muffled noise and a shout for help.
While one of the plot-owners called the emergency services, the other one ran to the trench where he saw that the trench had collapsed and buried the geologist up to his head. He climbed into the trench and removed some of the soil to enable him to breathe. At that point, more earth fell so quickly into the pit that it covered him completely and, despite the plot owner’s best efforts, he died of traumatic asphyxiation.
The prosecution's case was that the geologist was working in a dangerous trench because Cotswold Geotechnical Holdings' systems had failed to take all reasonably practicable steps to protect him from working in that way. The jury found that their system of work in digging trial pits was wholly and unnecessarily dangerous. The company ignored well-recognised industry guidance that prohibited entry into excavations more than 1.2 metres deep, by requiring junior employees to enter into and work in unsupported trial pits, typically from 2 to 3.5 metres deep. The young geologist was working in just such a pit when he died.
There was no person in the dock during the three-week trial as it is the company, rather than an individual, which is charged with corporate manslaughter.
Gloucestershire Constabulary investigated the case, and were supported by the Health and Safety Executive throughout.